Commonwealth Numbered Regulations - Explanatory Statements

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CRIMES AMENDMENT REGULATIONS 2001 (NO. 1) 2001 NO. 49

STATUTORY RULES 2001 No. 49

Issued by the authority of the Minister for Justice and Customs

Crimes Act 1914

Crimes Amendment Regulations 2001 (No. 1)

Section 91 of the Crimes Act 1914 ('the Act') provides that the Governor-General may make regulations for carrying out or giving effect to the Act.

The purpose of the Crimes Amendment Regulations is to replace references to superseded Queensland legislation and to reflect a change in the law of Queensland regarding the release of prisoners on home detention and work release.

Subsection 19AZD(3) of the Act provides that where a State law provides for a State offender to be released from prison under a pre-release permit scheme that law may be prescribed to apply to federal prisoners in that State.

Paragraph 5(1)(a) of the Crimes Regulations currently prescribes home detention under Division 6 of Part II of the Corrective Services Act 1988 (Qld) for the purposes of subsection 19AZD(3), The Correctives Service Act 1988 (Qld) will cease operation upon the commencement of the Corrective Services Act 2000 (Qld). Once the Corrective Services Act 2000 commences operation home detention orders will be made under Part 1 of Chapter 5 of the Corrective Services Act 2000 (Qld).

Accordingly, the Crimes Amendment Regulations amend paragraph 5(1)(a) of the Crimes Regulations by deleting reference to the Correctives Service Act 1988 (Qld) and replacing it with a reference to the Corrective Services Act 2000 (Qld).

Federal prisoners in Queensland are currently granted work release by way of a leave of absence. Under the Corrective Services Act 2000 (Qld) work release will be granted by way of a work release order under Part 1 of Chapter 5. Accordingly the Crimes Amendment Regulations further amend paragraph 5(1)(a) of the Crimes Regulations to include release orders under Part 1 of Chapter 5 of the Corrective Services Act 2000 (Qld).

The regulations commence on 2 April 2001 being the day the Corrective Services Act 2000 (Qld) commences operation.